Military and defence law and civilian service law Books
Oxford University Press Inc International Handbook of Threat Assessment
Book SynopsisIn recent history, planned violent attacks have persisted in the United States and abroad. Ranging from targeted attacks on private individuals, public figures, schools, universities, corporations, and public venues, among others, these attacks have continued to illustrate the need for improved threat assessment and management efforts at local and national levels.In the few years since its publication in 2014, the International Handbook of Threat Assessment has become the gold standard textbook for the prevention of targeted violence. With this new edition, editors J. Reid Meloy and Jens Hoffmann have expanded their landmark text, reflecting the rise of scholarship and growth within the field of threat assessment and management. The book spans across disciplines and explores the foundations of threat assessment, the fields of practice in which it is utilized, and provides detail on practical applications from the most notable threat assessors and programs in North America, Europe, and Australia. Since the first edition, new chapters focusing on lone actor terrorism, insider threats, cyberthreats, the use of artificial intelligence, bystander effects, and enhanced interviewing techniques, offer new guidance for threat assessment professionals. International Handbook of Threat Assessment is the comprehensive resource for mental health practitioners, law enforcement, and professionals working to prevent targeted violence. This guide will serve as inspiration for further research and equip those working to intercept harm with the necessary tools for intervention.Trade ReviewMeloy and Hoffmann have done it again. The second edition of the International Handbook of Threat Assessment is every bit as outstanding as the first. The contributors clearly elucidate the real-world implications of cutting-edge research on threats and the people who make them." * John Monahan, PhD, Shannon Distinguished Professor of Law and Psychology, University of Virginia *The wisdom and practical case experiences shared by these subject matter experts will serve as foundational data to assist me in my threat assessment role. This is one book that will stay near my desk at all times for quick reference." * John Lane, Senior Advisor at Control Risks & Founder of the Association of Threat Assessment Professionals (ATAP) *This is the definitive book on threat assessment. The foremost authorities from around the world describe the latest research, offer diverse perspectives, and give pragmatic advice on how to use the best methodology for specific types of threat assessment. A must for serious forensic clinicians." * Phillip Resnick, MD, Professor of Psychiatry, Case Western Reserve University *Table of ContentsForeword Robert A. Fein and Bryan M. Vossekuil Part I: FOUNDATIONS 1. Threat Assessment and Threat Management J. Reid Meloy, Jens Hoffmann, Eugene R.D. Deisinger, and Stephen Hart 2. Explicit Threats of Violence Lisa Warren, Ruby Basocak, Tamara Bobera, Sarah Chamberlain, Paul E. Mullen, and Troy E. McEwan 3. Warning Behaviors J. Reid Meloy, Jens Hoffmann, Lynne Bibeau, and Angela Guldimann 4. Source Interviewing in a Threat Management Context Bram B. Van der Meer 5. Legal Issues in Threat Assessment and Management Molly Amman, Ron Schouten, and Rachel Solov Part II: FIELDS OF PRACTICE 6. Workplace Targeted Violence: Assessment and Management in Dynamic Contexts Stephen G. White 7. Threat Assessment and Management in K-12 Dewey Cornell and Anna Grace Burnette 8. Threat Assessment and Management in Higher Education: Enhancing the Standard of Practice Eugene R.D. Deisinger and Jeffrey J. Nolan 9. Public Figure Stalking and Attacks J. Reid Meloy, Molly Amman, and Jens Hoffmann 10. Intimate Partner Violence, Stalking and Femicide P. Randall Kropp and Alana N. Cook 11. Stalking Threat and Risk Assessment Troy E. McEwan 12. The Assessment of Anonymous Threatening Communications Andre Simons and Ronald Tunkel 13. Lone Actor Terrorism Paul Gill 14. Electronic Threats and Harassment: A Dominant Role in Threat Assessment Mario J. Scalora 15. Crawling in the Dark: Perspectives on Threat Assessment in the Virtual Sphere Mirko Allwinn and Nils Böckler 16. Insider Threats: Leveraging the Benefits of Behavioral Science Research Deanna Caputo 17. Threat Assessment of Targeted Honor-Based Violence Henrik Belfrage and Linda Ekman 18. Fundamentals of Threat Assessment For Beginners Mary Ellen O'Toole 19. International Legal Perspectives on Threat Assessment Kris Mohandie and Jens Hoffmann 20. Protective Intelligence: Threat Assessment and Management Considerations Chuck Tobin and Russell Palarea 21. Critical Concepts for Threat Assessment and Management with Adolescents Laura S. Guy 22. Rethinking the Path to Intended Violence Frederick S. Calhoun and Steve Weston 23. False Allegations in Rape, Stalking and Gang-Stalking Lorraine Sheridan and David James 24. The Importance of Bystanders in Threat Assessment and Management Randy Borum and Mary Rowe Part III: OPERATIONS 25. Enhancing School Safety Using a Threat Assessment Model: An Operational Chapter for Preventing Targeted School Violence Lina Alathari, Ashley Blair, Catherine Camilletti, Steven Driscoll, Diana Drysdale, Jeffrey McGarry, and Amanda Snook 26. Operations of the LAPD Threat Management Unit (TMU) and Crisis Support Response Section (CRSS) Brian Bixler, Jeff Dunn, and Traci Grundland 27. The Fixated Threat Assessment Centres: The Joint Policing and Psychiatric Approach to Risk Assessment and Management in Cases of Public Figure Threat and Lone Actor Grievance-Fuelled Violence Simon P. Wilson, Michele T. Pathé, Frank R. Farnham, and David V. James 28. Domestic Violence Risk Assessment: Tools and Procedures for Threat Assessment and Management Liam Ennis and N. Zoe Hilton 29. Threat Triage: Recognizing the Needle in the Haystack Sharon S. Smith and Michael D. Young 30. Workplace violence risk instrumentation: the use of the WAVR-21 V3 and the CAG Rosa Viñas-Racionero, Mario J. Scalora, and James S. Cawood 31. The Problem Behaviour Program: Threat assessment and Management in a Community Forensic Mental Health Context Troy E. McEwan and Rajan Darjee 32. Digital Behavioral Criminalistics to Elucidate the Cyber Pathway to Intended Violence Cameron Malin 33. Mitigating Harm in the Military: A Military Service Approach to Threat Assessment and Management Scott Rutz 34. Making Sense of Terrorist Violence and Building Psychological Expertise Monica Lloyd 35. Assessing Potentially Violent Extremists: Experiences from Dutch Investigative Psychologists Lieke Bootsma and Ellen Harbers 36. A Review of the Working Dynamics of the Salem-Keizer Student Threat Assessment and Willamette Valley Adult Threat Advisory Team Models John Van Dreal and David Okada 37. Insider Threat: Prevent, Detect and Mitigate: Building an Insider Threat Program Michael G. Gelles 38. Assessing Threats by Direct Interview of The Violent True Believer J. Reid Meloy and Kris Mohandie
£149.00
Oxford University Press, USA National Security Law Procedure and Practice
Book Synopsis
£264.82
Oxford University Press National Security Law Procedure and Practice
Book SynopsisThis book collates and explains the core elements of national security law, both substantive and procedural, and the practical issues which may arise in national security litigation.Table of ContentsPreface 1: Robert Ward: National Security, Intelligence, and the Law 2: Robert Ward: National Security and the Separation of Powers 3: Robert Ward: The Security and Intelligence Agencies 4: Christopher McNall, Laura Sheldon Green, Caroline Stone, and Robert Ward: Surveillance Powers 5: Christopher McNall and Robert Ward: Oversight and Accountability 6: Angus McCullough and Ben Watson: Closed Proceedings 7: Rosemary Davidson, Jonathan Glasson, and Caroline Stone: Executive Measures and Civil Proceedings: Common Evidential and Procedural Issues 8: David Blundell: Judicial Review 9: Andrew Deakin and Helen Thompstone: Terrorism Prevention and Investigation Measures 10: Robin Tam: Special Immigration Appeals Commission: General 11: Robin Tam: SIAC - Individual measures - DDS Deportation with Assurances 12: Rupert Jones: SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation 13: Robert Ward and Clare Pophale: Proscription 14: Kate Grange and Caroline Stone: Civil Proceedings: General 15: Georgina Wolfe and Charlotte Ventham: Civil Proceedings: The Main Types of Claims 16: Richard O>'Brien and Linda Moss: Asset Freezing 17: Mark Greaves, Sarah Hannett, and Aidan Wills: National Security and Education Law 18: Robert Ward: Official Secrets and Spying: Principal Offences 19: Alison Morgan and Victoria Oakes: Terrorism: Principal Offences 20: Rosemary Davidson and Dan Pawson-Pounds: National Security and Criminal Procedure 21: Andrew O>'Connor: Inquests and National Security 22: Martin Smith: Public Inquiries and National Security 23: Keith Bryant and Mark Green: Employment and National Security 24: Mark Green: National Security Vetting 25: Lisa Giovannetti and Richard Wilkin: National Security in Family Law Proceedings 26: Julian Blake and Eugene McCaffrey: Freedom of Information and National Security 27: Julian Blake and Eugene McCaffrey: Data Protection and National Security
£255.00
Oxford University Press Inc The Double Black Box
Book Synopsis
£18.04
Oxford University Press Inc The United States Defend Forward Cyber Strategy A
Book SynopsisTrade ReviewThe Department of Defense's shift in 2018 to a posture of persistence in operations and forward cyber defense is an important step toward achieving better national cybersecurity. The United States' Defend Forward Cyber Strategy is an indispensable contribution to understanding this novel strategic approach and the important, related questions raised at the intersection of domestic and international law and policy. The essays in this volume, written by leading experts from the academy and the U.S. government, tackle these questions with unique expertise and exceptional insight. They provide invaluable guidance for ensuring the U.S. can defend forward in cyberspace consistent with its commitment to the rule of law. * Admiral (retired) Michael S. Rogers, Former Director, National Security Agency and Commander, U.S. Cyber Command *America's Defend Forward cyber strategy is a momentous change in the approach to cyber conflict that has, to date, been under analyzed. This new groundbreaking volume begins that inquiry. It is the first thorough and thoughtful account of the legal underpinnings of Defend Forward. The analysis is of such high quality that it will, no doubt, be the baseline examination that defines the field for years to come. * Paul Rosenzweig, Former Deputy Assistant Secretary for Policy, Department of Homeland Security *Goldsmith's volume offers a welcome tour d'horizon of the domestic, international, and comparative legal issues associated with the United States' Defend Forward strategy and the tactics of persistent engagement that support it. With chapters by leading government and academic experts, this book surveys key legal restraints and authorities under the U.S. Constitution and other domestic laws as well as all the relevant international legal topics such as sovereignty, intervention, counter-measures, and attribution. Supplemented by comparisons to Israeli and U.K. approaches, the result is not simply an introduction to an under-explored topic, but a lasting—and significant—contribution to the field. * Duncan B. Hollis, Laura H. Carnell Professor of Law, Temple Law School *Table of ContentsIntroduction by Jack Goldsmith Part I: Background 1. Defend Forward and Persistent Engagement by Gary Corn & Emily Goldman 2. Scenarios for Defend Forward 3. U.S. Cyber Command's First Decade by Michael Warner Part II: Domestic Framework 4. The Domestic Legal Framework for U.S. Military Cyber Operations by Robert Chesney 5. Cyberattacks and the Constitution by Matthew C. Waxman 6. Defend Forward and the FBI by James Baker & Matt Morris Part III: International Law Framework 7. Defend Forward and Sovereignty by Jack Goldsmith & Alex Loomis 8. Defend Forward and Cyber Countermeasures by Ashley Deeks 9. Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention by Gary Corn 10. Due Diligence and Defend Forward by Eric Talbot Jensen and Sean Watts 11. Defend Forward and Attribution by Kristen E. Eichensehr Part IV. Comparative Perspectives 12. Persistent Aggrandizement? Israel's Cyber Defense Architecture by Elena Chachko 13. Defend Forward and the United Kingdom's Legal System by Robert Chesney
£36.04
Oxford University Press Inc The Future Law of Armed Conflict The Lieber
Book SynopsisTrade ReviewThis volume can be recommended to anyone engaged with LOAC as a Legal Advisor or researcher and intending to continue to do so over the coming years. * Lorenz Rubner, Humanitäres Völkerrecht Band 6 *
£107.24
Oxford University Press Preparing for War The Making of the Geneva
Book SynopsisPreparing for War, based upon extensive archival research and critical legal methodologies, explores the often misunderstood history of the 1949 Geneva Conventions, among the most important rules for armed conflict ever formulated.Trade ReviewPreparing for War. The Making of the Geneva Conventions offers us a thick historical contextualization of pressing issues. * Silvia Steininger, Helga Molbæk-Steensig, European Journal of International Law *In sum, van Dijk's reverse-weaving provides us a much more nuanced picture of not only what was included but also of what was excluded from the fabric of the 1949 Conventions. It offers, I suggest, an illustrative template of what contemporary international legal history should look like as it brings together the lessons learned from more than two decades of rich scholarship on the relationship between comparative legal history, on the one hand, and politics, the theory and history of international law, and imperialism, on the other. * DANIEL R. QUIROGA VILLAMARÍN, Doctoral Candidate and Researcher based at the Graduate Institute of International and Development Studies (Geneva, Switzerland)., The New Rambler *The best legal history illuminates outcomes while resisting celebratory or cynical determinism. Dr van Dijk's new history of the Geneva Conventions and humanitarianism in war is a masterpiece of methodological and conceptual sophistication. Through meticulous archival research and critical analysis, van Dijk recovers a multitude of voices and possibilities in the making of the law of war we have, and the ways we might imagine its unrealized potential. * Prof. Naz K. Modirzadeh, Harvard University *In Preparing for War, Boyd van Dijk provides a most welcome update to the history of international humanitarian law. The hallmark of this deeply researched analysis of the 1949 Geneva Conventions is its simultaneous attention to politics and history. In exposing the constant tension between politics and humanitarianism, van Dijk reminds us of the perpetually unfinished nature of the project of humanizing war. * Prof. Tanisha M. Fazal, University of Minnesota *Van Dijk's riveting book is the culmination of a decade of new histories of international law, marking the arrival of professional research methods and independent critical analysis to the study of international law's most hallowed texts: the Geneva Conventions. Van Dijk's account of the drafting of the Conventions reveals them to be the products not merely of humanitarian ideals inspired by the horrors of war, but also of fierce Cold War contests and colonial rivalries. Highly recommended. * Prof. John Fabian Witt, Yale University *Nothing was inevitable in the drafting of the Geneva Conventions, Boyd van Dijk argues in this important and exciting revisionist work. The author's expansive multi-lingual archival research enables him to reconceive this history by tracing the genealogy of the drafting, revealing the Articles' contingency. Drafters had directly experienced the brutality of total war, and this informed their efforts to protect civilians. Women, like French resistance fighter Andrée Jacob, played crucial roles. Cold War politics mattered, but adversaries nevertheless collaborated on matters that served their common interests. This outstanding work will influence the next generation of writing on the Geneva Conventions. * Prof. Mary Dudziak, Emory University *Boyd van Dijk has written a superb political and legal history of the making of the four Geneva Conventions. * Dr. Hugo Slim, University of Oxford *Preparing for War is a fascinating read. Dr Boyd van Dijk takes us to the heart of the negotiations and lets us see into the minds of the key players. * Professor Andrew Clapham, Geneva Graduate Institute *Van Dijk's book is excellent for exposing this dynamic in relation to the geneva conventions and for unearthing some of the politics behind those crucial treaties. Preparing for War is a compelling read. It is powerfully written and offers us the richest and most nuanced account of the negotiations leading to adoption of the Geneva Conventions currently on offer. * Professor Larissa van den Herik, The American Journal of International Law *Preparing for War - The Making of the Geneva Conventions is a book no international humanitarian law scholar should miss. It is a truly interdisciplinary piece of scholarship, which masterfully handles history, political science and international law in telling the story of the drafting and negotiation of the 1949 Geneva Conventions. * Dr Bianca Maganza, Geneva Graduate Institute *Boyd van Dijk's Preparing for War offers a rich historical account of the drafting process of the 1949 Geneva Conventions which goes beyond the usual triumphalist rhetoric and uncovers the behind the scenes strategies, struggles and coincidences. * Professor Eyal Benvenisti, University of Cambridge *Boyd van Dijk has done an invaluable job. He presents in detail the diverse controversies and opposing opinions amongst different states, whether in or outside the Western, Eastern, or 'Third World' blocs, that arose during the discussion and writing of the fourth Convention and rewriting the first, second and third. In doing so he made his book a priceless contribution to the history of humanitarianism, the laws of warfare, the Red Cross, and international relations. * Leo van Bergen, Medicine, Conflict and Survival *
£124.25
Oxford University Press Preparing for War The Making of the 1949 Geneva
Book SynopsisPreparing for War, based upon extensive archival research and critical legal methodologies, explores the often misunderstood history of the 1949 Geneva Conventions, among the most important rules for armed conflict ever formulated.Trade ReviewPreparing for War. The Making of the Geneva Conventions offers us a thick historical contextualization of pressing issues. * Silvia Steininger, Helga Molbæk-Steensig, European Journal of International Law *In sum, van Dijk's reverse-weaving provides us a much more nuanced picture of not only what was included but also of what was excluded from the fabric of the 1949 Conventions. It offers, I suggest, an illustrative template of what contemporary international legal history should look like as it brings together the lessons learned from more than two decades of rich scholarship on the relationship between comparative legal history, on the one hand, and politics, the theory and history of international law, and imperialism, on the other. * DANIEL R. QUIROGA VILLAMARÍN, Doctoral Candidate and Researcher based at the Graduate Institute of International and Development Studies (Geneva, Switzerland)., The New Rambler *The best legal history illuminates outcomes while resisting celebratory or cynical determinism. Dr van Dijk's new history of the Geneva Conventions and humanitarianism in war is a masterpiece of methodological and conceptual sophistication. Through meticulous archival research and critical analysis, van Dijk recovers a multitude of voices and possibilities in the making of the law of war we have, and the ways we might imagine its unrealized potential. * Prof. Naz K. Modirzadeh, Harvard University *In Preparing for War, Boyd van Dijk provides a most welcome update to the history of international humanitarian law. The hallmark of this deeply researched analysis of the 1949 Geneva Conventions is its simultaneous attention to politics and history. In exposing the constant tension between politics and humanitarianism, van Dijk reminds us of the perpetually unfinished nature of the project of humanizing war. * Prof. Tanisha M. Fazal, University of Minnesota *Van Dijk's riveting book is the culmination of a decade of new histories of international law, marking the arrival of professional research methods and independent critical analysis to the study of international law's most hallowed texts: the Geneva Conventions. Van Dijk's account of the drafting of the Conventions reveals them to be the products not merely of humanitarian ideals inspired by the horrors of war, but also of fierce Cold War contests and colonial rivalries. Highly recommended. * Prof. John Fabian Witt, Yale University *Nothing was inevitable in the drafting of the Geneva Conventions, Boyd van Dijk argues in this important and exciting revisionist work. The author's expansive multi-lingual archival research enables him to reconceive this history by tracing the genealogy of the drafting, revealing the Articles' contingency. Drafters had directly experienced the brutality of total war, and this informed their efforts to protect civilians. Women, like French resistance fighter Andrée Jacob, played crucial roles. Cold War politics mattered, but adversaries nevertheless collaborated on matters that served their common interests. This outstanding work will influence the next generation of writing on the Geneva Conventions. * Prof. Mary Dudziak, Emory University *Boyd van Dijk has written a superb political and legal history of the making of the four Geneva Conventions. * Dr. Hugo Slim, University of Oxford *Preparing for War is a fascinating read. Dr Boyd van Dijk takes us to the heart of the negotiations and lets us see into the minds of the key players. * Professor Andrew Clapham, Geneva Graduate Institute *Van Dijk's book is excellent for exposing this dynamic in relation to the geneva conventions and for unearthing some of the politics behind those crucial treaties. Preparing for War is a compelling read. It is powerfully written and offers us the richest and most nuanced account of the negotiations leading to adoption of the Geneva Conventions currently on offer. * Professor Larissa van den Herik, The American Journal of International Law *Preparing for War - The Making of the Geneva Conventions is a book no international humanitarian law scholar should miss. It is a truly interdisciplinary piece of scholarship, which masterfully handles history, political science and international law in telling the story of the drafting and negotiation of the 1949 Geneva Conventions. * Dr Bianca Maganza, Geneva Graduate Institute *Boyd van Dijk's Preparing for War offers a rich historical account of the drafting process of the 1949 Geneva Conventions which goes beyond the usual triumphalist rhetoric and uncovers the behind the scenes strategies, struggles and coincidences. * Professor Eyal Benvenisti, University of Cambridge *Boyd van Dijk has done an invaluable job. He presents in detail the diverse controversies and opposing opinions amongst different states, whether in or outside the Western, Eastern, or 'Third World' blocs, that arose during the discussion and writing of the fourth Convention and rewriting the first, second and third. In doing so he made his book a priceless contribution to the history of humanitarianism, the laws of warfare, the Red Cross, and international relations. * Leo van Bergen, Medicine, Conflict and Survival *Table of Contents1: Introduction 2: The Twisted Road to Geneva 3: Making the Civilian Convention 4: Internationalizing Civil and Colonial Wars 5: Fighters in the Shadow 6: Indiscriminate Warfare: Bombing, Nuclear Weapons, and Starvation 7: Preparing for the Worst 8: Conclusion
£29.99
Columbia University Press Extraordinary Justice Law Politics and the Khmer
Book SynopsisCraig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake.Trade ReviewExtraordinary Justice hands down the final verdict on the UN’s controversial ‘mixed tribunal.’ Starting as an academic observer during the 1980s, Craig Etcheson worked as a fearless and tireless killing fields investigator during the 1990s and then played a key behind the scenesbehind-the-scenes role for the UN during the proceedings. Simply put, nobody knows more about the Khmer Rouge war crimes trials than Etcheson. This is a remarkable, three-dimensional study of the legally simple but politically complex proceedings that took longer to try five defendants than it did for the Allies did to try thousands of war criminals after World War II. -- Peter Maguire, author of Facing Death in CambodiaFew have witnessed or studied the rise, demise, and prosecution of the Khmer Rouge as Craig Etcheson has done for more than three decades. Extraordinary Justice is a gripping eyewitness account of the Khmer Rouge leadership’s final coda in front of domestic and international justice, however imperfect that justice might be. Extraordinary Justice will be the definitive reference text for years to come. -- Sophal Ear, author of Aid Dependence in Cambodia: How Foreign Assistance Undermines DemocracyIn this absorbing, persuasively argued book, Craig Etcheson draws on over thirty years of involvement with Cambodia and on his prolonged association with the so-called Khmer Rouge Tribunal, giving his readers a clear idea of what happened at the Tribunal and the daunting challenges it faced. -- David Chandler, author of A History of Cambodia, 4th EditionCraig Etcheson is one of only a handful of people on the planet who, for the last four-plus decades, has immersed himself in the question of what the Khmer Rouge did while in power from 1975 to 1979 and how to bring them to justice for their crimes of genocide. Extraordinary Justice is a must-read for those interested in how the international community uses the cumbersome rule of law to convict those who thought they could get away with mass murder using their own ill-conceived, unrepentant law of the jungle. -- Michael Hayes, publisher and editor in chief of the Phnom Penh PostA magisterial chronicle of the inner workings of post-conflict justice. * International Law Reporter *A comprehensive review of the search for justice following the 1970s Cambodian genocide. . . . Highly recommended. * Choice *Essential for a broad audience, including academics and practitioners with an interest in international criminal law, transitional justice, the ECCC, and potentially those working in the field of international relations and international organizations. -- Suzanne Schot, University of Groningen * Genocide Studies and Prevention *It is risky to describe any book as 'the definitive account,'...but given the depth of research and the unparalleled inside knowledge of the author, this reviewer is willing to risk it. -- Kenton Clymer, Northern Illinois University * Journal of American-East Relations *As a book written by an insider, Extraordinary Justice profits from information an outsider would never find...The result is a highly readable account for anyone with an interest in transitional, and transnational, justice. * Holocaust and Genocide Studies *This is a rich and personalised study of international criminal law, with the pace and ‘page-turner’ appeal of a novel. -- Rosemary Grey, University of Sydney * Current Issues in Criminal Justice *Table of ContentsAcknowledgmentsList of AcronymsIntroduction1. Revolutionary Justice2. Victor’s Justice3. Negotiating Justice4. Justice Delayed5. Hybrid Justice6. Transitional Justice7. Selective Justice8. Genocide Justice9. Justice Denied10. Extraordinary JusticeNotesSelect BibliographyIndex
£44.00
Taylor & Francis Stabilization and Human Security in UN Peace
Book SynopsisUN peace operations are increasingly asked to pursue stabilization mandates with lofty expectations of being able to stabilize conflict zones, achieve national reconciliation, and rebuild state legitimacy. This book investigates the relationship between UN stabilization mandates and the concept of human security'.The book is divided into three parts. Part I outlines the emergence of stabilization and other trends in peacekeeping practice and outlines an analytical framework of human security. Part II applies the analytical framework to case studies of MINUSMA, MINUSCA, and UNMISS examining issues, such as human rights, empowerment, protection, and vulnerability. In Part III the book draws out several concerns that arise from stabilization mandates, including the militarisation of UN peace operations and the consequences under international humanitarian law, the risks of close cooperation with the host state and engagement in counter-terror activities, and the potential clash Trade Review'...this book should be read by any legal or non-legal scholar interested in recent trends in peacekeeping operations...in the framework of an impressive knowledge of legal issues pertaining to peacekeeping missions...the content of each chapter is carefully researched, well-presented and full of interesting analysis...this concise and clever book deserves to be read widely, is going to be read widely and probably will spark more debate among peacekeeping experts and stakeholders from legal and non-legal fields alike.'Dr Marco Longobardo, Westminster Law School, UK; book review in Journal of Conflict & Security LawTable of Contents1 IntroductionPart I Context and conceptual framework2 The many faces of UN intervention3 The concept of human securityPart II Case studies4 United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) 5 United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA)6 United Nations Mission in the Republic of South Sudan (UNMISS)Part III Human security’s place in international peace and security7 The (in)compatibility of stabilization and human security8 Making use of human security
£37.99
WW Norton & Co CourtMartial
Book SynopsisA timely, provocative account of how military justice has shaped American society since the nation's beginnings.
£19.95
Harvard University Press France on Trial
Book SynopsisIn July 1945, France’s disgraced former head of state was on trial. As head of the Vichy regime, Philippe Pétain was a lightning rod for collective guilt and retribution. But he has also been a conservative icon ever since. Julian Jackson blends courtroom drama and brilliant narrative history to examine one of history’s great moral dilemmas.Trade ReviewThis is a finely tuned history…Those who enjoy tales of the sparring among excellent lawyers arguing an important case will find this book riveting. And for those who want to understand contemporary France and its intricate politics, France on Trial provides…a vibrant analysis of a trial and verdict that remain contentious almost eight decades later. -- Ronald C. Rosbottom * Wall Street Journal *[An] enthralling book, as gripping as it is scholarly. -- Geoffrey Wheatcroft * New York Review of Books *Painstakingly researched…Jackson vividly reconstructs the drama. * The Economist *Shows Jackson at his best—precise in detail, vivid in imagery, alert to irony, firm in judgment—and carefully disentangles the questions surrounding the Vichy regime that continue to vex French society. -- Robert O. Paxton * Harper's *Masterly…The trial of a nation, its recent history, its dilemmas and its sense of itself. -- Martin Kettle * The Guardian *[Jackson’s] vision sweeps both backwards—to take in the tragicomedy of Pétain’s forced departure from France in the summer of 1944 and subsequent exile in a German castle at Sigmaringen—and forwards to Pétain’s imprisonment, death and posthumous mythologization…[This] scrupulous and vivid reconstruction of the trial reveals much about the Vichy regime and the way that it was remembered in postwar France. -- Richard Vinen * Times Literary Supplement *Exceptional…A highly detailed account of the trial itself is presented in the first two parts of the book, while the concluding section offers a painful examination of the Vichy regime’s role in the Holocaust. -- John Reeves * Los Angeles Review of Books *[A] superb book…Jackson is that rare beast: a distinguished academic historian who writes with air and clarity. It makes him a pleasure to engage with, and when reading about the legal process, one could almost be buried in a work of high-class fiction. He is scrupulously objective in his description of personalities and events. -- Simon Heffer * The Telegraph *Splendid…The central narrative of the trial grips like a thriller and the history of Vichy itself, which inevitably involves much retrospective explanation, is seamlessly woven into it without ever slowing the story’s momentum. Jackson’s vivid prose is leavened by wit and sharpened by telling details…This is a substantial achievement. -- Munro Price * Literary Review *Has France truly come to terms with its history of occupation and collaboration? That’s the question hanging over this exceptionally wise and clever book, which focuses on the trial of the former war hero turned Vichy supremo Philippe Pétain in July 1945. With meticulous care Julian Jackson explores the cruelties of the Vichy regime, as well as the myths and evasions of France’s attitude to its wartime past. * The Times *A masterful account of the 1945 treason case that forced a reckoning with four years of Nazi collaboration. -- John Thornhill * Financial Times *[An] absorbing account…[and] an essential key to understanding the country’s recent past. -- Patrick Marnham * The Spectator *An enthralling book…The past is dangerous, you see. Real, hard history of this kind can reach out of the page and stick its thumb in your eye. Who needs fiction when the truth is as gripping as this? -- Peter Hitchens * The Mail on Sunday *Julian Jackson, the foremost historian of the period, here provides a magisterial account of this extraordinary yet also somehow squalid courtroom drama and its context…[A] fine, thought-provoking book. -- Max Hastings * Sunday Times *A riveting and meticulous recreation of the Vichy leader’s 1945 prosecution for collaborating with the German occupiers…Exemplary and fascinating. -- Michael Ignatieff * Project Syndicate *Jackson’s France on Trial is one of those instant classic history books that are immediately recognisable as a masterpiece of scholarship. -- Andrew Roberts * Aspects of History *A meticulously researched, attractively written account of the trial of the first world war hero turned Nazi collaborator Marshal Pétain and its woeful Vichy background. Excellent on Pétain’s legacy in modern right-wing French politics, Jackson adopts the requisite tone for a historian of our times, interrogating uncomfortable truths with objectivity mixed with lightness of touch. -- Andrew Lycett * The Spectator *Jackson’s vivid, stylish, sometimes even cinematic reconstruction suggests that this court case was about far more than one elderly man. It also turned into a proxy debate between French people who were horrified by their country’s partial collaboration with Nazism and those who felt there had been no practical alternative…[A] gripping and timely book. -- Andrew Lynch * Business Post *Few historians know 20th century France as well as Jackson, and fewer historians write as well as he does. His account of the trial moves seamlessly between the comic and tragic, the appealing and appalling. -- Robert Zaretsky * The Forward *I have nothing but praise for the way Jackson tells the story, with a clear elucidation of the swirling political passions, and vivid portraits of the heroes and villains, and those in between. -- Piers Paul Read * The Tablet *Jackson has woven a story so rich in both the historical and the metaphysical that it leaves the reader with a sense of uncertainty about how to view Pétain…[He] demonstrates to near perfection that history is not always black and white. -- Dustin Bass * Epoch Times *Jackson deftly uses the trial of the French World War I hero-turned-Nazi collaborator Philippe Pétain to explore France’s role in World War II and the Holocaust, as well as the nation’s struggles with memory and responsibility. -- Sean Durns * Washington Examiner *A first-rate historian of things French, Julian Jackson writes well and jargon-free…[France on Trial is] a book with such insight into the years when France and Germany engaged in mutual destruction. -- David Pryce-Jones * New Criterion *A captivating account of the 1945 trial of the French marshal who had agreed to an armistice with the Nazi regime in 1940…A highly insightful work of French history. * Kirkus Reviews (starred review) *The great general of the First World War, collaborator with Germany in the Second, how is Marshal Philippe Pétain to be remembered? His trial on charges of treason divided the French in 1945 and has divided them ever since. In the hands of Julian Jackson, a superb historian with the sensibility of a novelist, this is a story not just about Pétain but about war and resistance, the moral compromises of leadership, and the meaning of France itself. -- Margaret MacMillan, author of Paris 1919Julian Jackson brings to life here with his customary mastery the trial in 1945 of France’s highest-ranking military officer, accused of having betrayed his country. Philippe Pétain knew extremes of glory and shame in his long military career. In 1919, as the supreme commander of French armies in World War I, he rode down the Champs-Elysées at the head of a victory parade. After June 1940, with almost unlimited power and prestige, he governed France under German occupation. In 1945, he sat in a French courtroom charged with treason for his exercise of that power. In this compelling book, Jackson gives the reader a seat in the jury box and then follows France’s debate over Pétain—hero or traitor?—over the next fifty years. -- Robert Paxton, author of The Anatomy of FascismJulian Jackson masterfully performs a high-wire act of historical narration, using the story of the trial of Philippe Pétain to explore in brilliant detail how people in France fought over competing understandings of the Vichy regime—both at the time and ever since. This is a book of great originality, in both form and substance, that will become a landmark in the literature on France and the Second World War. -- Herrick Chapman, author of France’s Long ReconstructionThe principal figures in France on Trial parade in front of us as in a film or a play, all charged in their own way with their past and all trying one after another to justify themselves. Pétain is there at the center, silent like a statue. It is history, but also more than history, a kind of classical tragedy where the press take the role of the chorus. A captivating book. -- Antoine Prost, University of ParisA brilliantly researched and vividly narrated attempt to understand and assess a man alternately among the most admired and most abhorred in modern French history…Jackson manages to engage the reader, adopting a rich literary style with which to communicate not only the data and opinions expressed but also the atmosphere in and outside the court and something of the personality of a variety of characters. -- Daniel Snowman * Jewish Chronicle *
£28.45
Harvard University Press France on Trial
£18.88
Princeton University Press Defending America Military Culture and the Cold
Book SynopsisBy examining the Cold War court-martial, this book opens a window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, it demonstrates the criminal consequences of the military's violent mission.Trade Review"Provocative and thought provoking. Hillman's work is singular and will certainly incite lively and productive debate."--William Kautt, Journal of Military HistoryTable of ContentsLIST OF FIGURES AND TABLES ix INTRODUCTION 1 CHAPTER 1: New Rights, Old Hierarchies: Legal Reform in a Changing Military 7 CHAPTER 2: Disciplining the Armed Forces: Paradoxes of Military Crime 29 CHAPTER 3: Threats to "the Very Survival of This Nation ": Political and Sexual Dissent 44 CHAPTER 4: Crime and the Military Family 69 CHAPTER 5: Commanding Discretion: Race, Sex, and Military Crime 92 CHAPTER 6: "Gentlemen under All Conditions":Of .cers on Trial 109 AFTERWORD 128 ACKNOWLEDGMENTS 135 APPENDIX A.ABBREVIATIONS 137 APPENDIX B.TABLES 139 NOTES 145 INDEX 231
£48.00
Emerald Publishing Limited NEC3 Engineering and Construction Contract Flow
Book SynopsisTo enable users to understand the operation of the Engineering and Construction Contract, this book contains flow charts which set out the procedural logic of the 75 clauses that can be presented with benefit by flow charting. Construction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of ContentsFlow charts • 13 Communications • 14 The Project Manager and the Supervisor • 15 Adding to the Working Areas • 16 Early warning • 17 Ambiguities and inconsistencies • 18 Illegal and impossible requirements • 19 Prevention • 20 Providing the Works • 21 The Contractor’s design • 22 Using the Contractor’s design • 23 Design of Equipment • 24 People • 25 Working with the Employer and Others • 26 Subcontracting • 27 Other (Contractor) responsibilities • 30 Starting, Completion and Key Dates • 31 The programme • 32 Revising the programme • 33 Access to and use of the Site • 34 Instruction to stop or not to start work • 35 Take over • 36 Acceleration • 40 Tests and inspections • 41 Testing and inspection before delivery • 42 Searching for and notifying Defects • 43 Correcting Defects • 44 Accepting Defects • 45 Uncorrected Defects • 50 Assessing the amount due S • 51 Payment • 52 Defined Cost • 53 The Contractor’s share (Option C and D) • 54 The Activity Schedule (Option A and C) • 55 The Bill of Quantities (Option B and D) • 60 Compensation events • 61 Notifying compensation events • 62 Quotations for compensation events • 63 Assessing compensation events • 64 The Project Manager’s assessments • 65 Implementing compensation events • 70 The Employer’s title to Plant and Materials • 71 Marking Equipment, Plant and Materials outside the Working Areas • 72 Removing Equipment • 73 Objects and materials within the Site • 80 Employer’s risks • 81 Contractor’s risk • 82 Repairs • 83 Indemnity • 84 Insurance cover • 85 Insurance policies • 86 If the Contractor does not insure • 87 Insurance by the Employer • 90 Termination • 91 Reasons for termination • 92 Procedures on termination • 93 Payment on termination • W1 Dispute resolution (used unless Option Y(UK)2 applies) • W2 Dispute resolution (used when Option Y(UK)2 applies) • X1 Price adjustment for inflation (used only with Options A, B, C and D) • X2 Changes in the law • X3 Multiple currencies (used only with Options A and B) • X4 Parent company guarantee • X5 Sectional Completion • X6 Bonus for early Completion • X7 Delay damages • X12 Partnering • X13 Performance bond • X14 Advanced payment to the Contractor • X15 Limitation of the Contractor’s liability for his design to reasonable skill and care • X16 Retention (not used with Option F) X17 Low performance damages • X18 Limitation of liability • X20 Key Performance Indicators (not used with Option X12) • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999
£37.00
Emerald Publishing Limited How to use the ECC communication forms
Book SynopsisThis guide is written to show users how to complete the simple communication forms provided for the NEC3 Engineering and Construction Contract (ECC). Clarity of communications, in a form that can be read, copied and recorded, should assist compliance with the contract and reduce misunderstandings and disputes.Table of Contents• Foreword • Preface • Acknowledgements • Part 1 Introduction • Part 2 Early warnings • Part 3 The programme • Part 4 Compensation events • Part 5 Payment • Part 6 Defects • Part 7 Managing communications • Appendix 1 Contract Data • Appendix 2 Activity Schedule
£34.00
Emerald Publishing Limited CDM Regulations 2015 Explained
Book SynopsisCDM Regulations 2015 Explained provides a straightforward, independent and authoritative assessment and analysis of the 2015 CDM Regulations.The individual roles of each party involved in a construction project are detailed in light of the latest updates to the Regulations.The book navigates through the radical changes from the previous CDM Regulations and includes helpful checklists to assist each of the duty holders to comply with their obligations and avoid the penalties of non-compliance. CDM Regulations 2015 Explained will be an invaluable source of information for those responsible for the procurement or management of construction projects or anyone wishing to master the latest developments in construction law and health and safety law.CDM Regulations 2015 Explained: offers clear, straightforward guidance to the new Regulations in an established format sets out a checklist for each duty holder to ensure quick and easy assimilaTable of Contents1. Introduction 2. Framework of health and safety law 3. An overview of the Regulations 4. General principles 5. Considerations for the welfare of workers 6. Consideration for hazardous operations 7. Competence 8. The client 9. The designer 10. The CDM co-ordinator 11. The principal contractor 12. The contractor 13. The construction phase plan 14. The health and safety file 15. Contract documentation 16. Criminal and civil liability and enforcement 17 Transitional provisions
£81.70
Rlpg/Galleys International Legitimacy and the Politics of
Book SynopsisDelegitimation has become the new battleground for Israel and the critics of Israeli military operations. But the Israeli experience reveals a more general engagement where all states act strategically to build legitimacy for their policies and all resist attempts at delegitimation. To understand these processes it is necessary to see how politicized moral and legal judgments shape both the use of force by states and our judgments about the means and the outcomes. This is a book about legitimacy, military lawyers, and security. More particularly, it is about how the legitimacy of Israel's asymmetric military operations cannot be detached from the politics of law and ethics. Sometimes it is enough that states respect the laws of armed conflict, but at other times they may be held to a higher standard. This does not happen in a vacuum. Rather it is the product of political engagement in the murky politics of international legitimacy where standards are negotiable and some states get a harder time than others. There is a strong theoretical analysis underpinning a discussion that constantly returns to the practical problems of modern armed conflict where combatants hide among civilians and states complain about the unrealistic expectations of human rights NGOs. Here, the law is unclear and there are choices to be made. The book presents new research into the involvement of Israeli military lawyers in operational targeting decision making that has life and death consequences. The case studies concern targeted killing during the Second Intifada, Israel's 2006 Lebanon War, the 2009 Operation Cast Lead in Gaza and, finally, the 2010 Israeli maritime interception of the Turkish Flotilla' to Gaza. The investigation identifies a struggle between the proponents of human rights in war and those who promote the rights of states to deploy military force for the security of their citizens. But not all parties to a military conflict are held to the same standards. In fact, the analysis maps a complex political deployment of law and ethics in the strategic calculation of legitimacy costs and the diplomatic processes whereby they are contested, with policy implications for those in charge of the design and execution of military operations.Trade ReviewIn this ground breaking work, Alan Craig offers an exacting critique of the growing role that military lawyers now play in the conduct of operations by the Israel Defense Forces. Conceptually sophisticated yet empirically grounded, this book is the definitive work for anyone wishing to understand why military lawyers exercise increasing influence over how the IDF and its political masters have come to deal with ‘war amongst the people.' This book will be essential reading not only for those interested in how Israel has used legal frameworks in the conduct of its military operations, but more broadly, how contemporary debates over justice and legitimacy shape civil-military relations in democratic societies. -- Clive Jones, University of DurhamInternational Legitimacy and the Politics of Security provides a number of hugely enlightening and important analyses of the rising role of international NGOs in international affairs. It is an illuminating study of the relationship between international law and international legitimacy, and the place of the Traditional Just War Doctrine and its modern critiques in the contemporary political, ethical, and moral debate over Israel. In showing the increasing centrality of lawyers in warfare and the law in war, Craig successfully provides a balanced and scholarly analysis of the implications and consequences of this for Israel’s military and political leadership. -- Rory Miller, author, “Meditations on Violence”Alan Craig’s important book focuses on the question of how the legitimacy of Israel’s asymmetric military operations is understood through the strategic deployment of lawyers and legal and ethical argument. The book’s main focus is on the legal role within the IDF. Craig’s analysis employs the concept of legitimacy to understand the legal and political strategies of Israel and the IDF in general, and in particular those of the IDF’s international law department. * Israel Studies Review *The book makes a more original contribution to the field of sociolegal studies by implicitly addressing this literature’s central question of whether law offers activists useful channels for translating their demands into enforceable rights or undermines their struggle by justifying—and legalizing—the status quo. In the context of the Israeli occupation, law’s greatest promise is to offer morally defensible, and not overtly politicized, criteria to distinguish between the permissible and impermissible uses of violence. Yet, the effort to establish such criteria encourages legal actors to articulate new categories (for example, 'unlawful combatants,' who are not entitled to the protection of either civilians or combatants) that blur previously accepted distinctions and restore discretion, flexibility, and potentially arbitrariness, re-empowering states in an increasingly legalized field where actions have to be justified through legal discourse. Craig’s analysis perceptively underlines the indeterminacy and multivocality of law by demonstrating how each actor constructs a legal argument based upon its own categories and an underlying morality that is fundamentally at odds with the moral worldview of its rival. Within sociolegal studies, the role of law in restraining and enabling Israel’s occupation has been analyzed by Lisa Hajjar, Ronen Shamir, Lori Allen, and Tobias Kelly, among others. International Legitimacy and the Politics of Security speaks to the issues raised by these works . . . [T]he case study chapters are sure to be of value to instructors looking for material with which to teach the moral and legal controversies pertaining to Israel’s security policy, while the book as a whole will interest sociolegal scholars and international relations theorists. * International Journal of Middle East Studies *Table of ContentsIntroduction Part 1: Legitimacy, Morality, and International Law Chapter 1: International Law and legitimacy Chapter 2: Morality at War (1): Traditional Just War Doctrine Chapter 3: Morality at War (2): Modern critiques of Just War Theory Chapter 4: Advising in the Grey Area Part 2: The Israeli Experience Chapter 5: The IDF’s legal environment Chapter 6: Case Study 1: The Second Intifada and the targeted killings of Salah Shehadeh Chapter 7: Case Study 2: The 2006 Lebanon War Chapter 8: Case Study 3: Operation Case Lead Chapter 9: Case Study 4: The 2010 Turkish Flotilla- the Mavi Marmara Affair Chapter 10: Conclusion and Policy Implications Bibliography
£78.30
University of British Columbia Press Objects of Concern
Book SynopsisJonathan Vance examines Canada's role in the formation of an important aspect of international law, traces the growth and activities of a number of national and local philanthropic agencies, and recounts the efforts of ex-prisoners to secure compensation for the long-term effects of captivity.Trade ReviewA fascinating study focusing on an underexplored issue. Vance tells this tale in a comprehensive and entertaining fashion. -- J. Lemco * Choice *[Vance] is to be applauded for his painstaking research effort and careful choice of photographs, cartoons and artwork. Our understanding of the politics surrounding POWs during the Boer War, two World Wars and the Korean War is enhanced by the materials surveyed in this handsomely-presented publication, as is our knowledge of the applicable international laws, relief activities, escape techniques, repatriation, war crimes, reintegration into society, and the POW battle for better pensions. -- Larry Woods * Prince George Citizen *Vance’s text provides an exhaustive and meticulous account of the individual experiences of Canadian POWs. Objects of Concern is a meaningful and valuable work, one that should be read not only by those interested in military history, but by those with an interest in the courage and spirit of Canada’s ex-POWs of the twentieth century. -- R. Bruce McIntyre * The Canadian Historical Review *Table of ContentsIntroduction1 Nineteenth-Century Precursors2 “Everybody's Business”3 Repatriation and Liberation4 The Interwar Years5 The Organizational Framework, 1939-456 Relief and Release in the European Theatre7 A Tougher Nut: Prisoners of the Japanese8 “The Debris of Past Wars”ConclusionAppendixNotesBibliographyIndex
£66.30
University of British Columbia Press Death or Deliverance
Book SynopsisSoldiers found guilty of desertion or cowardice during the Great War faced death by firing squad. Novels, histories, movies, and television series often depict courts martial as brutal and inflexible, and social memories of this system of frontline justice have inspired modern movements to seek pardons for soldiers executed on the battlefield.In this revealing look at military law in the Canadian Expeditionary Force, Teresa Iacobelli brings to light not only the trials of 25 Canadian soldiers who were executed but also the untold cases of 197 men sentenced to death but spared. Looking beyond stories of callous generals and quick executions, Iacobelli reveals a disciplinary system capable of thoughtful review and compassion for the individual soldier.Published to coincide with the centennial anniversary of the outbreak of the First World War, Death or Deliverance reconsiders an important and unexamined chapter in the history of both a war and a nation.Table of ContentsIntroduction1 Competing Ideologies2 Military Law: An Overview3 The Crimes4 The Court Martial Process5 The Confirmation Process6 The Campaign for PardonsConclusionNotes; Bibliography; Index
£69.70
University of British Columbia Press Death or Deliverance
Book SynopsisIn this eye-opening account of military law in the Great War, courts martials emerge not as brutal, merciless dispensers of frontline justice but as courts capable of mercy.Table of ContentsIntroduction1 Competing Ideologies2 Military Law: An Overview3 The Crimes4 The Court Martial Process5 The Confirmation Process6 The Campaign for PardonsConclusionNotes; Bibliography; Index
£25.19
Cornell University Press The Foe Within
Book SynopsisIn the early morning of March 19, 1915, Lt. Colonel S. N. Miasoedov, a former gendarme officer on active duty with the Russian army in World War I, was hanged after a two-hour trial in Warsaw for treason. Although he was innocent of this charge...Trade ReviewFuller beautifully writes a most thoroughly research soap opera noir of political intrigue, back-stabbing, bribe-taking, graft, corruption, deceit, adultery, incompetence, and the trampling of civil rights.... This is a solid contribution to Russian war historiography, and it would be of interest to a wide range of readers. The professional Russian historian and the military historian will take great delight in the thoroughness of the research and the beautiful, mosaic-like quality of the study's organization. Yet its jaunty writing style and the spy-novel quality of the subject recommends it to the armchair generals and history buffs as well. -- Jamie H. Cockfield * American Historical Review *
£45.05
University of Nebraska Press Policing Sex and Marriage in the American Milita
Book SynopsisDrawing on hundreds of court-martial transcripts published by the Judge Advocate General of the Armed Forces, Policing Sex and Marriage in the American Military explores how the American military justice system policed the marital and sexual relationships of the service community in an effort to normalize heterosexual, monogamous marriage as the linchpin of the military's social order.Trade Review"The author has shined a spotlight on the power and reach of the military justice system not only with regards to gender, sexuality,marriage,and family, but with regards to its power and control over military culture."—Wade P. Smith, American Journal of Sociology“A far-reaching and harrowing analysis of the American military justice system’s policing of marital and sexual lives of service members during the second half of the twentieth century. . . . [This is] an original and important contribution to the historiography on gender and sexuality studies in the American military.”—Aaron Belkin, author of Bring Me Men: Military Masculinity and the Benign Facade of American Empire“Kellie Wilson-Buford has thrown open a surprising window on the contested workings of patriarchy. If you’re digging into the politics of marriage, read this book! If you’re exposing the militarization of morality, read this book! If you’re questioning the gendered history of the Cold War, read this book!”—Cynthia Enloe, author of The Big Push: Exposing and Challenging Persistent Patriarchy“Essential to the study of gender, sexuality, military culture, and crime, each of which matters in distinct but related academic disciplines and to policy-making and social justice advocacy. . . . [This book] reveals the U.S. military’s practice with respect to crime, sex, and marriage in a way that will enrich the fields of gender and sexuality studies. It makes [both] careful and novel arguments.”—Elizabeth L. Hillman, president of Mills College and coauthor of Military Justice: Cases and Materials Table of ContentsList of Tables Acknowledgments Author’s Note Abbreviations Introduction 1. Engendering Military Marriages 2. Policing International Military Marriages, 1950–75 3. Enforcing Monogamy 4. Normalizing Heterosexism and “Natural” Sex 5. Protecting the Public Morals 6. Policing Sex and Marriage, 1976–2000 Conclusion Afterword Notes Bibliography Index
£35.10
Scarecrow Press The Blackstone of Military Law
Book SynopsisColonel William Winthrop singularly was the most influential person in developing the military law of the United States. A half century ago, the Supreme Court tendered to Winthrop the title, The Blackstone of Military Law, meaning simply that his influence outshone all others. He has been cited over 20 times by the highest court and well over a 1,000 times by other federal courts, state courts, and legal texts. In this, he surpasses most other legal scholars, save Joseph Story, John Marshall, or Felix Frankfurter. But while biographies of each of these Supreme Court Justices have been written, there has been none to date on Winthrop. The Blackstone of Military Law: Colonel William Winthrop is the first biography on this important figure in military and legal history. Written in both a chronological and thematic format, author Joshua E. Kastenberg begins with Winthrop''s legal training, his involvement in abolitionism, his military experiences during the Civil War, and his long tenure
£81.00
New York University Press Habeas Corpus after 911
Book SynopsisThe US detention center at Guantanamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. This book provides an insider's view of the detention of enemy combatants and an accessible explanation of the complex forces that keep these systems running.Trade ReviewDeftly connecting Guantánamo to other secret prisons, law to politics, secrecy to terror, and the efforts of the courts to frame and reframe the ancient writ of habeas corpus for a modern era, Hafetz explores what was lost when habeas became a legal question as opposed to an answer. Anyone seeking a way forward on the issues of detention, incarceration, and the rule of law that continue to plague us would be well advised to start looking here for the answers. -- Dahlia Lithwick * Slate *Hafetzs incisive and insightful volume is more than just a summary of where we have been; it is an impassioned case for the proper way forward with regard both to the substance of national security detention policy and the role courts should play in reviewing and constraining it. Certain to become one of the indispensable accounts of the role that the & Great Writ has played both historically and after September 11, this book provides a powerful and timely testament to the foresight of the Founding Fathers in expressly enshrining the & privilege of the writ of habeas corpus in our Constitution. -- Stephen Vladeck,Professor of Law, American UniversityThe right to habeas corpus is the linchpin of a free nation, and the post-9/11 attack on this safeguard is thus one of the most significant erosions of freedom in many decades. Jonathan Hafetz provides the most thorough account yet of why this right matters so much and what should be done to preserve it. -- Glenn Greenwald * Salon *We all have snatches of the conversation in our heads: Guantánamo, habeas corpus, enemy combatant, military commissions, Bagram, rendition and torture. This book by one of the key lawyers on the front lines in the post-9/11 legal battles puts these pieces together; what emerges is not pretty. If you want to understand how a country that claimed it was the paradigm of fair treatment in its criminal justice system has tailored its laws to expediency, read this disturbing book. -- Michael Ratner,President, Center for Constitutional RightsHafetz's book is an excellent account of the five major Supreme Court cases addressing habeas corpus and constitutional rights to a fair trial after 9/11. * Choice *Habeas Corpus after 9/11 is an impassioned and exhaustive examination of the lack of legal safeguards afforded to detainees at such places as Guantánamo, Bagram, Abu Ghraib, and to those who were the subjects of extraordinary rendition. . . .Thoughtful and well-researched responses to the conditions of the time . . . provide[s] political scientists and historians with perspectives on habeas corpus that they need to consider. * Law and Politics Book Review *Table of ContentsAcknowledgments Introduction Part 1 1 Laying the Foundation for the "War on Terror" 2 Guantanamo: Microcosm of a Prison beyond the Law 3 Guantanamo beyond Guantanamo: Toward a Global Detention System 4 Crossing a Constitutional Rubicon: The Domestic "Enemy Combatant" CasesPart 2 5 Habeas Corpus and the Right to Challenge Unlawful Imprisonment 6 The Seeds of a Global Constitution Part 3 7 A Modest Judicial Intervention: The First Supreme Court "Enemy Combatant" Decisions 8 The Battle for Habeas Corpus Continues 9 Tackling Prisons beyond the Law: Guantanamo Revisited ContentsPart 4 10 Toward a Better Understanding of Habeas Corpus: Individual Rights and the Role of the Judiciary during Wartime 11 The Elusive Custodian: Some Potential Limits of Habeas Corpus 12 Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy 13 Continuity and Change: The Detention Policy of a New Administration Notes Index About the Author
£19.99
New York University Press Extraordinary Justice
Book SynopsisThe Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or "commissions" for the trial of accused terrorists. This title explains what military tribunals are, and how they function.Trade ReviewA fascinating history of military commissions in the West's prior wars. Peter Richards argues that military justice has a necessary role to play in defeating al Qaeda. The processes of fair trial, he argues, must take account of the real difficulties posed by this new style of war. -- Ruth Wedgwood,Edward Burling Professor of International Law and Diplomacy, Johns Hopkins UniversityAn excellent work, breaking new ground while respecting the scholarship and writing that has gone before. It is unique in its content, approach, and lessons, reflecting deep research and excellent scholarship. -- Gary D. Solis,Georgetown Law, and author of Marines and Military Law in VietnamProvides a comprehensive look at the history of tribunals. * Trial *Provides a timely work of history and a proactive thesis * New York Law Journal *In an illuminating . . . survey, Richards traces the use of military commissions . . . throughout the U.S. history as well as in the Boer War and World War I. * New York Law Journal *Peter Richards EXTRAORDINARY JUSTICE provides through historical analysis a strong defense of the resort to martial law and military tribunals, especially in times of civil emergency, to restore law and order in society. * Law & Politics Book Review *At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. * International Law Reporter *“A timely and important book, providing a much needed historical overview on war tribunals. * Book Reviews *Table of ContentsAcknowledgmentsIntroduction 1 American Practices from the Founding through the Civil War 2 British Military Tribunals and Martial Law in the Boer War 3 France and the Conseils de Guerre of the First World War 4 Trials by Military Commission in the Second World War 5 Wartime Tribunals and the Future of WarfareConclusion NotesBibliographyIndex About the Author
£44.65
Tracytrends Publishing Military Divorce Tips Health Care CHCBP USFSPA SBP Retirement Benefits and Law Answers for Service Members and Former Spouses Health Care Survivor Benefit Plan Sbp Retirement Bene
£19.66
PoliPointPress, LLC Rules of Disengagement
Book SynopsisLessons from veterans and active duty service members in opposition to US interventionist military policyRules of Disengagement examines the reasons men and women in the military have disobeyed orders and resisted the wars in Iraq and Afghanistan. It takes readers into the courtroom where sailors, soldiers, and Marines have argued that these wars are illegal under international law and unconstitutional under US law. Through the voices of active duty service members and veterans, it explores the growing conviction among our troops that the wars are wrong. While the Obama Administration's pledge to remove all American troops from Iraq by the end of 2011 is encouraging and in no small way likely attributable to resistance by our armed forces it continues to fight in Afghanistan, and the military may soon have a heightened presence elsewhere in the Middle East and in Africa. As such, Rules of Disengagement provides inspiration and lessons for anyone who oppoTrade Review"The horrors of Abu Ghraib would have been concealed were it not for the courage of a single principled American military guard who released photos on the Internet. That one incident reveals the vital importance of protecting and expanding the right to dissent among those who serve in our military. Marjorie Cohn and Kathleen Gilberd have provided heroic service in this book." Tom Hayden, author of The Tom Hayden Reader and The Long SixtiesTable of ContentsIntroduction One Resisting Illegal Wars Two Modern Conscientious Objectors Three Winter Soldier Four Dissent and Disengagement Five Challenging Racism Six Sexual Harassment and Sexual Assault in the Military Seven the Medical Side of War Eight Discharges Nine the Families Ten Conclusion Appendix: ResourcesNotesIndex Acknowledgments About the Authors
£17.99
Cambridge University Press Good Soldiers Dont Rape
Book SynopsisThis book uses feminist theories of 'rape culture' and institutional gaslighting to highlight the key stories, myths, and misconceptions about military sexual violence (MSV) that have obstructed addressing and preventing it. It is a landmark study of nearly thirty-years of media coverage of MSV in three countries: the US, Canada, and Australia.Trade Review'Megan MacKenzie is writing about us! The title might seem to put three militaries – the Canadian, Australian and US – on center stage. But her careful study of how we tell our own stories of military men's rapes of military women and military men shines a disturbingly bright light on our own complicity: we are the ones denying military realities. MacKenzie reveals how, repeatedly, we – civilians – choose the comfortable narratives that allow us to deny male soldiers' sexually abusive actions. After reading "Good Soldiers Don't Rape," our comforting militarized denial should be harder for us to hold on to. That's the good news.' Cynthia Enloe, author of 'Twelve Feminist Lessons of War'Table of Contents1. Military exceptionalism; 2. Defining scandals; 3. The US Band of Bros; 4. Australian mates; 5. Canadian white saviors; 6. Rhetorical tools; 7. Recommendations moving forward; 8. Conclusion.
£21.84
LEGARE STREET PR Remarks On the Constitution and Practice of Courts Martial
£22.75
Taylor & Francis Ltd Islamic State as a Legal Order
Book SynopsisThis book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS' dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS' possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS' own legal awareness, based on the group's literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its naturTable of ContentsIntroduction: ISIS as the Expression of a Legal Order 1. About ISIS 2. About Sharīʿa 3. Sharīʿa and ISIS 4. No Law but Islam: A Theory of Exclusivity 5. No Single Rule Left Out: Integrally Sharīʿa 6. Voting on God’s Will: Immediateness and Mediation 7. Striving on the Straight Path: Jihād 8. A New Land of Islam: Reestablishing the Caliphate 9. Reinventing Spatiality: A Return to Universalism Conclusion: ISIS Between Sharīʿa and Globalization
£37.99
Edward Elgar Publishing Ltd Influence Operations in Cyberspace and the
Book SynopsisTrade Review‘Peter Pijpers has dug deep into the question of influence operations in cyberspace, which are politically abhorred but often do not break any major laws – neither domestically nor internationally. Zooming in on international law Pijpers warns about a lack of legal clarity that creates a legal grey zone that malign States eagerly exploit. His solution to this problem is a well-argued plea to reconceptualise coercion in cyberspace and draw a line in the sand.’ -- Dennis Broeders, Leiden University, the Netherlands‘Professor Pijpers combines a unique combination of a legal and a strategic framework to assess the legality and the modus operandi of digital influence operations directed against political systems. The legal framework involves non-intervention and sovereignty. The strategic framework offers valuable insight into the use of state power to persuade, coerce or manipulate foreign audiences.’ -- Paul Ducheine, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Influence Operations in Cyberspace 2. Influence operations – the concept 3. On influence operations – the case studies 4. Sovereignty and non-intervention – the legal framework 5. Legal analysis 6. Conclusions and reflections on Influence Operations in Cyberspace Index
£95.00
Edward Elgar Publishing Ltd Equality and NonDiscrimination in Armed Conflict
Book SynopsisTrade Review‘Discrimination is both a root cause and a frequent consequence of armed conflict, and Dvaladze expertly examines the concepts and applicability of equality and non-discrimination protections in armed conflict from the lens of IHL and international human rights law. This book is a must-read for every IHL practitioner as it centralizes the protections of vulnerable populations at the heart of armed conflict!’ -- Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’ -- Marco Sassòli, University of Geneva, SwitzerlandTable of ContentsContents: Introduction PART I GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY 1 Overview of IHL guarantees on equality and non-discrimination 2 Overview of human rights guarantees on equality and non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index
£104.50
Edward Elgar Publishing Ltd Military Justice
Book SynopsisWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.Trade Review‘This detailed and comprehensive analysis of military justice is a brilliant addition to the lexicon of academic commentary on military justice. It provides a forensic examination of the relationship between soldier and state, and does not duck the difficult issues of dealing with “villains” who are perceived as “heroes” by politicians and the general public. It provides historical context while adding to the ongoing debate about the relevance of a separate system of justice in the modern era.’ -- Jeff Blackett, Judge Advocate General of HM Armed Forces 2004-2020‘This excellent book provides a concise and deeply nuanced assessment of an operationally vital, politically charged, and intensely contextual field of legal inquiry. Encompassing national and international law, and recognising the practical impact of military capability upon our interpretation and application of this law, Nigel White once again shows us why he is the leading scholar in this field, and a worthy successor to Peter Rowe and Hilaire McCoubrey as its flagbearer.’ -- Robert McLaughlin, Australian National University, Australia‘The domestic and international legal frameworks that govern the deployment of the United Kingdom’s armed forces and the rights of its members are complex and contested. Adopting an expansive approach to the meaning of military justice, in this book Professor White takes the reader on a journey from the drafting of the Magna Carta to military operations in Afghanistan and Iraq. In the process, he unravels the relationship between the soldier and the state, and provides an engaging and thoughtful analysis of the law that regulates the actions of the armed forces at home and abroad.’ -- Alison Duxbury, University of Melbourne, AustraliaTable of ContentsContents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index
£38.90
Edward Elgar When Military Obedience and Restrictions on War
Book SynopsisThis provocative book explores the precarious conflict between the legal restrictions on governmentsâ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
£95.00
Cambridge University Press The Law of Collaborative Defence Procurement in the European Union
Book SynopsisThe book examines and makes proposals for improving the law and management of collaborative defence procurement programmes and provides practical examples to enhance efficiency of cooperation between states. Covering a broad scope of legal issues, it contains invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.Table of ContentsPart I. Analysis of Collaborative Defence Procurement in the EU: 1. The need for collaborative defence procurement; 2. Organisation of collaborative defence procurement programmes; 3. Procurement process of collaborative defence procurement programmes; 4. Initiatives to improve collaborative defence procurement in Europe; Part II. Legal Framework of Defence Procurement in the EU: 5. The Matryoshka doll of four legal relationships; 6. The EU treaties and defence procurement; 7. The EU public procurement directives and defence procurement; 8. The EU legislation on trade in defence goods; 9. Institutional law of international organisations; Part III. Examples of Collaborative Defence Procurement Structures: 10. International organisation performing collaborative defence procurement in Europe; 11. State-to-state defence procurement cooperation; Part IV. First Matryoshka Doll: The Decision to Participate in a Collaborative Programme: 12. Applicability of the public contracts directive; 13. Applicability of the defence and security directive; 14. Applicability of the EU treaties principles; Part V. Second Matryoshka Doll: The Relationship between the Participating States: 15. International agreements and EU law; 16. Obligation to implement directives; Part VI. Third Matryoshka Doll: The Procurement Rules of the Programme Management Entity: 17. Procurement rules of programmes managed by an international organisation; 18. Procurement rules of programmes managed by a lead nation; Part VII. Actual Compliance with Applicable Law: 19. Rules for OCCAR programmes; 20. Rules for EDA projects and programmes; 21. Rules of NSPO; Part VIII. How to Improve Collaborative Defence Procurement in the EU: 22. Increasing efficiency of collaborative defence procurement programmes; 23. Legal improvements of collaborative defence procurement.
£34.12
John Wiley and Sons Ltd The NEC4 Engineering and Construction Contract
Book SynopsisThe authoritative guide to the NEC4 Engineering and Construction Contract The New Engineering Contract (NEC) is one of the leading standard forms of contract for major construction and infrastructure projects. The latest edition of the contract (NEC4) is now a suite of contracts widely used in the UK, Australia, Hong Kong, South Africa, Ireland, and New Zealand. This timely and important book provides a detailed commentary on the latest edition of the main NEC4 Engineering and Construction Contract (NEC4 ECC) form. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It also draws upon the author's highly successful third edition of the book covering the previous contract. It identifies and comments on the changes between the current and previous version of the form. After a brief introduction to the new edition of the form, The NEC4 Engineering and Construction Contract offers in-depth chapters covering everything from main options and secondary option clauses to risk assurances and NEC 4 family contracts. In between, readers will learn about general core clauses, the obligations and responsibilities of the contractor, testing and defects, payments, compensation events, and much more. Covers the latest version of the NEC Engineering and Construction Contract, the leading standard form contract for major construction projectsExamines the new contract clause by clause and compares it with the previous editionPrevious editions were widely acknowledged as detailed and fair analyses of the NEC contractsWritten by a highly regarded contracts commentator, experienced arbitrator, and adjudicator The NEC4 Engineering and Construction Contract: A Commentary is an excellent book for construction industry professionals working for clients, employers, main contractors, project managers, subcontractors, and specialist contractors.Table of ContentsPreface xv Author’s notex vii 1 Introduction 1 1.1 Overview 1 1.2 Background 1 1.3 Objectives 1 1.4 Impacts of change 2 1.5 The NEC4 suite of contracts 3 1.6 Characteristics of NEC contracts 3 1.7 Structure of the NEC4 engineering and construction contract (ECC4) 4 1.8 Changes ECC3 to ECC4 6 1.9 Review of points of interest 7 1.10 Entire agreement 7 1.11 Exclusion of common law rights 8 1.12 Conditions precedent to compensation event claims 8 1.13 Role and powers of the project manager 8 1.14 Changes to scope (previously Works Information) 9 1.15 Prevention 9 1.16 Quotations for compensation events 9 1.17 Assessments of compensation events 9 1.18 Dispute avoidance and dispute resolution 10 2 Changes from ECC3 11 2.1 Evolution 11 2.2 Features and enhancements 11 2.3 Terminological changes 12 2.4 Changes to core clauses 12 2.5 Changes to dispute resolution procedures 15 2.6 Changes to secondary option clauses 16 2.7 Data sheet changes 16 3 Main options 17 3.1 Introduction 17 3.2 Contract strategy 18 3.3 Responsibility for design 19 3.4 Certainty of price 20 3.5 Allocation of risk 21 3.6 The Client’s requirements 22 3.7 Operating restrictions 23 3.8 Early start and/or rapid finish 23 3.9 Flexibility in contractual arrangements 23 3.10 Aversion to disputes 23 3.11 Single point responsibility 24 3.12 Option A – priced contract with activity schedule 24 3.13 Option B – priced contract with bill of quantities 25 3.14 Target contracts generally 27 3.15 Options C and D – target contracts 29 3.16 Option E – cost reimbursable contract 30 3.17 Option F – management contract 31 3.18 Options W1, W2, W3 – resolving and avoiding disputes 31 4 Secondary options 32 4.1 Introduction 32 4.2 Choice of secondary option clauses 33 4.3 Status of secondary option clauses 33 4.4 Option X1 – price adjustment for inflation 34 4.5 Option X2 – changes in the law 34 4.6 Option X3 – multiple currencies 35 4.7 Option X4 – ultimate holding company guarantee 36 4.8 Option X5 – sectional completion 36 4.9 Option X6 – bonus for early completion 37 4.10 Option X7 – delay damages 37 4.11 Option X8 – undertakings to the client or others 42 4.12 Option X9 – transfer of rights 42 4.13 Option X10 – information modelling 43 4.14 Option X11 – termination by the Client 43 4.15 Option X12 – multiParty collaboration 44 4.16 Option X13 – performance bond 45 4.17 Option X14 – advanced payment to the contractor 47 4.18 Option X15 – the contractor’s design 48 4.19 Option X16 – retention 49 4.20 Option X17 – low performance damages 50 4.21 Option X18 – limitation of liability 51 4.22 Option X20 – key performance indicators 55 4.23 Option X21 – whole life cost 56 4.24 Option X22 – early contractor involvement 56 4.25 Option Y(UK)1 – project bank account 57 4.26 Option Y(UK)2 – housing Grants, construction and regeneration act 1996 57 4.27 Option Y(UK)3 – contracts (Rights of Third Parties) act 1999 58 4.28 Option Z – additional conditions of contract 58 5 Contract documents 59 5.1 Introduction 59 5.2 Entire agreements 60 5.3 Clause 12.4 of ECC4 61 5.4 Construction of contracts generally 62 5.5 ECC4 documentation 63 5.6 Essential contract documents 64 5.7 Identified and defined terms 65 5.8 The Contract Date 66 5.9 Scope 67 5.10 Site Information 70 5.11 Contract Data 72 5.12 Schedules of cost components 72 5.13 Ambiguities and inconsistencies in the contract documents 74 5.14 Schedule of clauses referring to the Scope 74 6 Key players 79 6.1 Introduction 79 6.2 Others 81 6.3 Actions 82 6.4 Mutual trust and co-operation 83 6.5 The Client 84 6.6 Express obligations of the client 85 6.7 The Project manager 86 6.8 Express duties of the project manager 89 6.9 The supervisor 97 6.10 Express duties of the supervisor 97 6.11 Communications 98 6.12 The Project manager and the supervisor 102 7 General core clauses 104 7.1 Introduction 104 7.2 Mutual trust and co-operation 105 7.3 Actions 106 7.4 Identified and defined terms 107 7.5 Interpretation and the law 116 7.6 Communications 117 7.7 The Project manager and the supervisor 117 7.8 Instructions 118 7.9 Early warning 118 7.10 Contractor’s proposals 121 7.11 Requirements for instructions 121 7.12 Illegal and impossible requirements 122 7.13 Corrupt Acts 123 7.14 Prevention 123 8 Obligations and responsibilities of the Contractor 128 8.1 Introduction 128 8.2 Design obligations, responsibilities and liabilities 131 8.3 Providing the works 133 8.4 The Contractor’s design 134 8.5 Using the Contractor’s design 137 8.6 Design of equipment 138 8.7 People 138 8.8 Working with the client and others 140 8.9 Subcontracting 142 8.10 Other responsibilities 145 8.11 Assignment 147 8.12 Disclosure 147 8.13 Express obligations of the contractor 148 8.14 Express prohibitions on the contractor 155 9 Time (and related matters) 157 9.1 Introduction 157 9.2 Starting and completion 159 9.3 Programmes 161 9.4 Revision of programmes 165 9.5 Shortened programmes 167 9.6 Access to and use of the site 168 9.7 Instructions to stop or not to start work 169 9.8 Take over 171 9.9 Acceleration 173 10 Quality management 175 10.1 Introduction on quality management 175 10.2 Contractual provisions of ECC4 on quality management 176 10.3 Understanding the contractual provisions on quality management 177 10.4 Introduction on testing and defects 177 10.5 Definitions and certificates 180 10.6 Tests and inspections 183 10.7 Testing and inspection before delivery 186 10.8 Searching for and notifying defects 186 10.9 Correcting defects 188 10.10 Accepting defects 190 10.11 Uncorrected defects 191 11 Payments 193 11.1 Introduction 193 11.2 Assessing the amount due 196 11.3 Payments 198 11.4 Defined cost 201 11.5 Payments – main option A 202 11.6 Payments – main option B 205 11.7 Payments – main option C 206 11.8 Payments – main option D 210 11.9 Payments – main option E 211 11.10 Payments – main option F 211 11.11 Final assessment 212 11.12 Status of and disputes on final assessments 213 12 ECC4 compensation event schemes 215 12.1 Introduction 215 12.2 Structure of ECC4 compensation events schemes 217 12.3 Amendments and additions 217 12.4 Outline of procedures 219 12.5 Defining a compensation event 220 12.6 Compensation events as exclusive remedies 220 12.7 Fairness of the compensation event procedures 222 12.8 Unusual features of the compensation event procedures 222 13 Listed compensation events 223 13.1 Introduction 223 13.2 Omissions from the listed events 224 13.3 Scope-related events 224 13.4 Client’s default events 226 13.5 Client’s liability events 229 13.6 Project manager/supervisor-related events 230 13.7 Physical conditions 233 13.8 Adverse weather 236 13.9 Prevention 237 13.10 Measurement-related events 238 13.11 Secondary option clause events 240 14 Notifying compensation events 242 14.1 Introduction 242 14.2 Notifications by the project manager 242 14.3 Notifications by the contractor 244 14.4 Project Manager’s response to notifications 248 14.5 Last date for notification of compensation events 250 15 Quotations for compensation events 252 15.1 Introduction 252 15.2 Instructions to submit quotations 253 15.3 Failure to give early warning 253 15.4 Assumptions for assessment of quotations 254 15.5 Primary clauses on quotations 255 15.6 Submissions of quotations 255 15.7 Revised quotations 256 15.8 Failure to reply to quotations 256 15.9 General comment on ECC4’s assessment and quotation systems 256 16 Assessment of compensation events 258 16.1 Introduction 258 16.2 Changes from ECC3 259 16.3 General assessment rules 260 16.4 Particular assessment rules 265 16.5 The Project manager’s assessments 268 16.6 Implementing compensation events 270 16.7 Other financial remedies 272 17 Title 273 17.1 Introduction 273 17.2 Client’s title to equipment, plant and materials 274 17.3 Marking equipment, plant and materials 275 17.4 Removing equipment 276 17.5 Objects and materials within the site 276 18 Liabilities and insurance 279 18.1 Introduction 279 18.2 Liabilities and insurance under ECC4 283 18.3 Client’s liabilities 284 18.4 Contractor’s liabilities 287 18.5 Recovery of costs 288 18.6 Insurances 289 18.7 The Insurance table 289 18.8 Insurance policies 289 18.9 Contractor’s failure to insure 290 18.10 Insurance by the client 291 19 Termination 292 19.1 Introduction 292 19.2 Termination under ECC4 294 19.3 Reasons for termination under ECC4 295 19.4 The Termination table and the termination certificate 296 19.5 Comment on reasons 297 19.6 Procedures on termination 300 19.7 Amounts due on termination 301 20 Dispute avoidance and dispute resolution 303 20.1 Introduction 303 20.2 Overall structure of ECC4 dispute avoidance and dispute resolution provisions 304 20.3 Option W3 – the Dispute avoidance board 305 20.4 Choice of options 305 20.5 Involvement of denior representatives 305 20.6 Meaning of dispute 306 20.7 Adjudication under option W1 308 20.8 Adjudication under option W2 316 20.9 Review by the tribunal 320 20.10 The Adjudicator’s contract 323 21 NEC4 Engineering and construction Subcontract 324 21.1 Introduction 324 21.2 Structure of the ECC4 subcontract 325 21.3 Common core clause grouping 326 21.4 Core clauses – general 327 21.5 Core clauses – the Subcontractor’s main responsibilities 327 21.6 Core clauses – time 328 21.7 Core clauses – quality management 329 21.8 Core clauses – payment 329 21.9 Core clauses – compensation events 330 21.10 Core clauses – title 330 21.11 Core clauses – liabilities and insurances 331 21.12 Core clauses – termination 331 21.13 Resolving and avoiding disputes 331 22 Legal decisions on NEC-based contracts 333 22.1 Introduction 333 22.2 ABB Limited v. Bam Nuttall Ltd [2013] EWHC 1983 (TCC) 333 22.3 Amey LG Ltd v. Cumbria County Council [2016] EWHC 2856 (TCC) 333 22.4 Amey Wye Valley Ltd v. The County of Herefordshire District Council (Rev1) [2016] EWHC 2368 (TCC) 334 22.5 Anglian Water Services Ltd v. Laing O’Rourke Utilities Ltd [2010] EWHC 1529 (TCC) 334 22.6 Arbitration Application No 2 of 2016 & [2017] Scot CS CSOH 23 (P1039/16) 335 22.7 Arcadis UK Ltd v. May and Baker Ltd (t/a Sanofi) [2013] EWHC 87 335 22.8 AMEC Group Ltd v. Secretary of State for Defence [2013] EWHC 110 (TCC) 335 22.9 Aecom Design Build Ltd v. Staptina Engineering Services Ltd [2017] EWHC 723 (TCC) 336 22.10 Atkins Ltd v. Secretary of State for Transport [2013] EWHC 139 (TCC) 336 22.11 Balfour Beatty Ltd v. Gilcomston North Ltd and O Turner Insulation Ltd [2006] Scot CS CSOH 81 337 22.12 Cleveland Bridge UK Ltd v. Sarens (UK) Ltd [2018] EWHC 751 (TCC) 337 22.13 Beumer Group UK Ltd v. Vinci Construction UK Ltd [2016] EWHC 2283 (TCC) 338 22.14 Costain Ltd v. Tarmac Holdings Ltd [2017] EWHC 319 (TCC) 338 22.15 Dynniq UK Ltd v. Lancashire County Council [2017] EWHC 3173 (TCC) 339 22.16 Costain Ltd & O’Rourke Civil Engineering Ltd & Bachy Soletance Ltd & Emcor Drake and Scull Group PLC v. Bechtel Ltd & Mr Fady Bassily [2005] EWHC 1018 (TCC) 339 22.17 Ecovision Systems Ltd v. Vinci Construction UK Ltd (Rev1) [2015] EWHC 587 (TCC) 340 22.18 Farelly (M&E) Building Services Limited v. Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) 340 22.19 Fermanagh District Council v. Gibson (Banbridge) Ltd [2014] NICA 46 341 22.20 Ground Developments Ltd v. FCC Construction SA & Ors [2016] EWHC 1946 (TCC) 341 22.21 Henry Brothers (Magherafelt) Ltd & Ors v. Department of Education for Northern Ireland [2007] NIQB 116, [2008] NIQB 105 341 22.22 Imtech Inviron Ltd v. Loppingdale Plant Ltd [2014] EWHC 4006 (TCC) 342 22.23 Imperial Chemical Industries Ltd v. Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC) 342 22.24 Imperial Chemical Industries Ltd v. Merit Merrell Technology Ltd [2016] EWHC B30 (TCC) [2017] EWHC 1763 (TCC) 342 22.25 Imperial Chemical Industries Ltd v. Merit Merrell Technology Ltd [2015] EWHC 2915 (TCC) 343 22.26 Liberty Mercian Ltd v. Cuddy Civil Engineering Ltd & Anor [2013] EWHC 2688 (TCC), [2013] EWHC 4110 (TCC), [2014] EWHC 3584 (TCC) 343 22.27 McAlpine PPS Pipeline Systems Joint Venture v. Transco PLC [2004] EWHC 2030 (TCC) 344 22.28 FP McCann Ltd v. The Department for Regional Development [2016] NICh 12 344 22.29 McConnell Dowell Constructors (Aust) Pty Ltd v. National Grid Gas PLC [2006] EWHC 2551 (TCC) 344 22.30 Mears Ltd v. Shoreline Housing Partnership Ltd [2013] EWHC 27, [2015] EWHC 1396 345 22.31 Maersk Oil UK Ltd (formerly Kerr-McGee Oil (UK) PLC) v. Dresser-Rand (UK) Ltd [2007] EWHC 752 (TCC) 345 22.32 J Murphy & Sons Ltd v. W. Maher and Sons Ltd [2016] EWHC 1148 (TCC) 345 22.33 Northern Ireland Housing Executive v. Combined Facilities Management [2014] NIQB 75 [2015] 346 22.34 Northern Ireland Housing Executive v. Healthy Buildings Ltd [2013] NIQB 124/[2017] NIQB 43 346 22.35 ROK Building Limited v. Celtic Composting Systems Ltd [2009] EWHC 2664 (TCC), [2010] EWHC 66 347 22.36 RWE Npower Renewables Ltd v. JN Bentley Ltd [2013] EWHC 978 (TCC) 347 22.37 RWE Npower Renewables Ltd v. JN Bentley Ltd [2014] EWCA Civ 150 347 22.38 Secretary of State for Defence v. Turner Estate Solutions Limited [2015] EWHC 1150 (TCC) 348 22.39 SGL Carbon Fibres Ltd v. RBG Ltd [2012] Scot CS CSOH 19, [2010] CSOH 77 348 22.40 Stork Technical Services (RBG) Ltd v. Ros [2015] CSOH 10A 348 22.41 Shepherd Construction Ltd v. Pinsent Masons LLP [2012] EWHC 43 (TCC) BLR 213, 141 Con LR 232 348 22.42 Seele Austria GmbH & Co Kg v. Tokio Marine Europe Insurance Ltd [2009] EWHC 2066 (TCC) 349 22.43 SSE General Ltd v. Hochtief Solutions AG & Anor [2015] Scot CS CSOH 92 349 22.44 Vinci Construction UK Ltd v. Beumer Group UK Ltd [2017] EWHC 2196 (TCC) 350 22.45 Volker Stevin Limited v. Holystone Contracts Limited [2010] EWHC 2344 (TCC) 350 22.46 Wales and West Utilities Limited v. PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC) 351 22.47 Walker Construction (UK) Ltd v. Quayside Homes Ltd and Peter Brett Associates LLP [2014] EWCA Civ 93 351 22.48 (1)Walter Llewellyn & Sons Limited (2) ROK Building Limited v. Excel Brickwork Limited [2010] EWHC 3415 (TCC) 352 22.49 AE Yates Trenchless Solutions Ltd v. Black & Veatch Ltd [2008] EWHC 3183 (TCC) 352 22.50 Weatherford Global Products Ltd v. Hydropath Holdings Ltd & Ors [2014] EWHC 2725 (TCC) 352 22.51 WSP Cel Ltd v. Dalkia Utilities Services PLC [2012] EWHC 2428 (TCC) 353 Table of cases 355 Table of clause references 359
£93.56
Pen & Sword Books Ltd Military Operations from Kosovo to Kabul
Book SynopsisA first-hand account of the author's experiences serving as a military lawyer during times of war.
£25.70
American Psychological Association Forensic Psychology in Military Courts
Book SynopsisThis book provides a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams. Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists’ expertise. This volume thus offers much-needed guidance for civilian psychologists and military counsel alike. The chapter authors are forensic psychologists and military legal personnel---including defense attorneys, prosecutors, and judges--who offer expert tips and strategies for navigating the court-martial process. They introduce psychologists to the rules, procedures, and people involved in military trials. They also explore psychologists’ many potential responsibilities, such as trial and litigation consulting, assisting with panel selection, cTable of ContentsContributors Introduction: Why Forensic Psychology in Military Courts? Christopher T. Stein and Jeffrey N. YounggrenPart I: Overview of the Military Justice System Chapter 1: The Forensic Psychologist in the Military Justice System: Background, Structure, and Process Kathleen Coyne Chapter 2: Military Trials: Procedures, Parties, and Terminology Marcus N. Fulton Chapter 3: Military Rules: Expert Qualifications, Admissibility of Expert Testimony, and Competency Hearings Joshua Kastenberg Chapter 4: Navigating the Mental Health Records Maze in Pretrial Litigation Robert D. MerrillPart II: Psychologists' Roles in Courts-Martial Chapter 5: Addressing Potential Role Conflicts in Military Courts-Martial Michael C. Gottlieb and Jeffrey N. Younggren Chapter 6: The Varied Roles of the Psychologist in Military Proceedings Mary Connell Chapter 7: The Psychologist as Trial Consultant Deborah Davis and Daniel Reisberg Chapter 8: The Psychologist as Courtroom Educator Daniel Reisberg and Deborah Davis Chapter 9: Psychological Evaluation and Testing in the Court-Martial Context Karen FranklinPart III: Psychologists and Legal Counsel as Partners Chapter 10: The Team Concept in Military Courts Andrew R. Norton Chapter 11: Psychologist–Prosecutor Collaboration: A Prosecutor’s Perspective Brian M. Thompson Chapter 12: An Integrated Approach to Defending Those With Mental Health Conditions Eric Carpenter Index About the Editors
£72.90
Edinburgh University Press Moralities of Drone Violence
Book SynopsisAn ethical assessment of violent drone use considering military ethics, law enforcement ethics, moral injury and ethical human-machine interactionTrade Review"Christian Enemark has provided a comprehensive, empirically informed and distinctive set of analyses of the concepts and arguments deployed in the debates on the morality of drone violence in war and in other settings. Moralities of Drone Violence is an important, yet very readable, contribution to the scholarly literature." -Seumas Miller, Charles Sturt University
£76.50
Lexington Books The Military as a Separate Society
Book SynopsisThe exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward failure in responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment of weakens both the military standing and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.Trade ReviewAs a legal officer in the Australian Army Reserve (now long retired), I personally encountered numerous aspects of Pauline Collins’ excellent work, The Military as a Separate Society, in particular the complicated questions raised by the extent of civilian institutional control over the military. This is a comprehensive work, and possibly the only one of its kind, to perform such a detailed analysis of the American and Australian experiences. Certainly at least for Australian legal officers, it is compulsive reading. For those presently serving, it provides a valuable insight into the nuances of how the question is viewed institutionally. For those who have left the service, the book vividly brings to life the vexed issues they likely were called upon to resolve, and it will leave them wishing that such a valuable resource had been available to them earlier. -- Ken Yin, Edith Cowan UniversityTable of ContentsChapter One: The Military: A Separate Society and Its Morality Chapter Two: The US Military Experience – Discipline and sexual offending Chapter Three: Survivors, Perpetrators and the Institutional Responses Chapter Four: The Australian Military Experience – Discipline and morality Chapter Five: Lessons from Others Chapter Six: Concerns and Consequences for the Continuation of Separate Societies Chapter Seven: Reform necessary for Respect and Discipline
£98.10
Cornell University Press The Image before the Weapon
Book SynopsisSince at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discoursesincluding gender, innocence, and civilizationhave shaped the legal, military, and historical understandings of the civilian and she documents how these discTrade ReviewThe Image before the Weapon is an authoritative critical history of the 'principle of distinction' that deeply informs our current political condition. Helen M. Kinsella’s tour de force transcends disciplinary divisions and speaks to some of the thorniest ethical issues in contemporary warfare. What is a civilian? What is a combatant? Who is to judge and on what grounds? Epic in its ambition and scope yet tightly focused and accessibly argued, The Image before the Weapon is a significant achievement in critical theorizing that speaks as much to contemporary debates about counterinsurgency strategy and the political dynamics of civil wars as it does to current interpretations of medieval philosophy. * Contemporary Political Theory *For centuries, philosophers and publicists have sought to formalize the distinction between combatants and civilians under what is known as the principle of distinction. Although this principle has long been viewed as stable and relatively straightforward, Helen M. Kinsella demonstrates in The Image before the Weapon that it is anything but. * International Studies Review *Table of Contents1. Gender, Innocence, and Civilization 2. Martial Piety in the Medieval and Chivalric Codes of War 3. Civilization and Empire: Francisco de Vitoria and Hugo Grotius 4. General Orders 100, Union General Sherman's March to Atlanta, and the Sand Creek Massacre 5. The 1899 Martens Clause and the 1949 IV Geneva Convention 6. The Algerian Civil War and the 1977 Protocols Additional 7. The Civil Wars of Guatemala and El Salvador 8. ResponsibilityNotes Index
£21.59
Bloomsbury Publishing PLC The Role of Competitors in the Enforcement of
Book SynopsisThis book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission’s enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.Trade Review[This book] is engaging and thoroughly enjoyable. This is because Pastor-Merchante has an uncommon gift for conciseness: he is able to capture the essence of complex case law without sacrificing the depth of analysis. What is also admirable is the level of sophistication and nuance of his assessment... this is an important study in EU administrative law which makes a fundamental contribution to the debate on State aid law. -- Francesco de Cecco * Common Market Law Review *Table of ContentsPART I 1. The Substantive Rules on State Aid 2. The Institutional Design of the System of State Aid Control 3. The Private Enforcement of State Aid Law PART II 4. The Position of Complainants in State Aid Procedures 5. The Participation of Competitors in State Aid Procedures 6. Judicial Review of State Aid Decisions
£85.50
Bloomsbury Publishing PLC Access and Cartel Cases: Ensuring Effective
Book SynopsisThis book examines the legislative patchwork surrounding access to the European Commission’s cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission’s cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission’s case files.Trade ReviewHelene Andersson’s book is to be commended for its critical and clear exposition of the tangle of rules on access to Commission files. The study stands out in particular for its thorough examination of fundamental rights as well as for the bold positions taken … a must for anyone wishing to delve into the issue of access to Commission files. -- Agnès Mouterde, University of Paris I Panthéon-Sorbonne * Concurrences *A must-read book … Access and cartel cases: Ensuring Effective Competition Law Enforcement is, without doubt, to be considered a reference among competition law scholars, practitioners, and enforcers. -- Inês Neves, University of Porto * Market and Competition Law Review *Table of ContentsIntroduction I. Aim and Scope of this Book II. Setting the Scene III. Outline PART I THE LEGISLATIVE FRAMEWORK 1. The Rules Governing Access I. Public Access to Documents Held by the EU Institutions 2. Fundamental Rights Protection in the EU I. Historic Background to EU Fundamental Rights Protection II. The Role of the ECHR within the EU Fundamental Rights Regime III. The Criminal Nature of Competition Law Proceedings IV. The Legal Framework Surrounding Party Access PART II NATIONAL COMPETITION AUTHORITIES 3. Information Exchange between Competition Authorities I. Information Exchange – A Sine Qua Non of Effective Cartel Enforcement? II. The Territorial Reach of EU Competition Law III. Safeguarding Fundamental Rights IV. Cooperation Reaching Outside the EU V. Information Exchange Within the ECN VI. Information Exchange – Concluding Remarks PART III PARTIES AND COMPLAINANTS 4. Targeted Companies’ Right to Access the File I. Access to the File – Emergence of the Right II. Access to the File – The Legislative Framework III. When Should Access be Granted? V. Consequences of the Commission’s Failure to Grant Access VI. The Parties’ Use of the Information Obtained from the Commission VII. Does the EU Standard Meet the ECHR Standard? VIII. Access to the File – Concluding Remarks 5. Third Parties’ Right to Access Documents in the Capacity of Complainants or Interveners I. The Regulatory Framework II. The Courts’ Case Law III. Concluding Remarks PART IV THIRD PARTIES AND THE ROLE OF THE LENIENCY PROGRAMME 6. Seeking Access under the Transparency Regulation I. Seeking Direct Access to the Commission’s File II. The Courts’ Case Law 7. Seeking Access Through National Courts I. The Commission and the National Courts before the Damages Directive II. The Commission and the National Courts aft er the Directive III. International Aspects IV. Concluding Remarks 8. More Detailed Infringements Decisions – The Way Forward? I. The Procedure II. Pergan Hilfsstoff e – Professional Secrecy and the Presumption of Innocence III. AKZO – (Non-) Protection of Leniency Applicants IV. Pilkington – Information Shared between Cartel Members No Longer Confidential V. Evonik Degussa – Protection of Leniency Statements VI. The Court’s Ruling in AGC Glass – The Role of the Hearing Officer VII. More Detailed Infringements Decisions – Concluding Remarks 9. The Survival of the Leniency System I. The EU Leniency System II. Necessary Features in a Successful Leniency Programme III. Why Decide against Filing a Leniency Application? IV. Are We Really Witnessing the Decline and Fall of the EU Leniency Programme? V. Is Leniency the Only Option? VI. Keeping the Leniency Programme Attractive VII. The US Experience VIII. The Survival of the Leniency System – Concluding Remarks PART V SUMMING UP 10. Joining the Dots I. Information Exchange between Competition Authorities II. Party Access III. Third Parties and Regulation 1/2003 IV. Third Parties and the Transparency Regulation V. Seeking Access Th rough National Courts VI. More Detailed Infringement Decisions VII. The Leniency System – Worthy of Protection? VIII. The Way Forward
£39.89
Bloomsbury Publishing PLC The Law and Governance of Mining and Minerals: A
Book SynopsisThis book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level – land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.Trade ReviewBastida’s book is highly recommended reading for the gamut of people and actors with diverse relationships to the worldwide mining industry, whether as lawyer, academic, governmental decision-maker, social catalyst or socially conscientious investor or consumer. * International Bar Association *Table of Contents1. Understanding the Law of Mining and Minerals from a Global Perspective I. The Argument of this Book II. Mineral Law from a Global Perspective: A Cosmopolitan View III. Mineral Law in International Scholarship IV. Law and the Governance of Mining and Minerals V. The Purpose of this Book VI. The Structure of this Book 2. Mining and Minerals, Actors and Governance from a Global Perspective I. Minerals: ‘The Third Kingdom of Nature’ II. Minerals in Global Production Networks III. The Question of Minerals’ ‘Criticality’ or ‘Strategic’ Status IV. Mining: ‘The Science, Technique and Business of Mineral Discovery and Extraction’ V. The Structure of the Mining Industry VI. Actors and Governance VII. Mining, Development and the Role of Law under International Policy and ‘Scripts’ 3. Mining and Minerals in International Law and Policy I. Jurisdictional Basis for Controlling Resources: The Principle of Territorial Sovereignty II. International Law: From Coordination to Cooperation III. The Principle of Permanent Sovereignty Over Natural Resources IV. The Environment, Natural Resources and Sustainable Development V. Law, Sustainable Resources Management and the Paradigm of Sustainability 4. Mining and Minerals in Fields of International Law and Governance I. Mining and Minerals in International Economic Law II. Mining and Minerals in International Human Rights Law III. Mining and Anti-Corruption Instruments IV. The Responsibility of Transnational Corporations and Business Enterprises V. Transnational Mining and Minerals Standards and Governance 5. Mining and Minerals Regimes in the Global Commons I. Extent of Territorial Sovereignty Over Maritime Zones II. Mining Regimes in the Global Commons 6. Mining Law Regimes at the Level of Nation-States (and their Interface with Local Levels) I. Ownership and Jurisdiction Over Minerals in Situ II. Typologies and Functions of Mining Law Regimes III. The Interface with Land Rights IV. The Principle of ‘National Interest’ or ‘Public Purpose’ in Mining and Minerals V. From Th in Tenure Regimes to Th ick Regulation VI. Mineral Law ‘As Interfaces’ VII. Redefining the Disciplinary Matrix of Mineral Law for Sustainability 7. The Law and Governance of Mining and Minerals from a Global Perspective: ‘An Overarching Vision’ I. Conclusions II. A Research Agenda
£35.14
Createspace Independent Publishing Platform Krav Maga
Book Synopsis
£9.68
Nova Science Publishers Inc Hazing In the Military: Persistence, Policies,
Book Synopsis
£92.79
Nova Science Publishers Inc Defense Policies: Issues and Legislation
Book SynopsisThis book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.
£163.19
